Criminal Complaint (Section 138 Negotiable Instruments Act & Section 420 IPC) (India) by OLL
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CRIMINAL COMPLAINT U/S 138 OF THE NEGOTIABLE INSTRUMENTS ACT & SECTION 420 OF THE INDIAN PENAL CODE
IN THE COURT OF THE JUDICIAL MAGISTRATE, FIRST CLASS, (COURT NO. 2), PUNE AT PUNE
Criminal Complaint No./200..
Shri .... S .... T .... D ....,)
age 35 years, occupation - business,) Complainant
resident of 1111 Kasba Peth,)
PUNE 411 011.)
Versus
Shri .. I .. S .. D)
age 30 years, occupation - business,) Accused
resident of 1050 Kasba Peth,)
PUNE 411 01l.)
A COMPLAINT U/S 138 OF THE NEGOTIABLE INSTRUMENTS ACT & SECTION 420 OF THE INDIAN PENAL CODE
The complainant abovenamed submits this complaint, praying to state as follows:
1. That the complainant is a resident of the within mentioned address, and he has been running his business of hardware in the name and style as M/s STD Sales Corporation, Pune.
2. That the accused had been a customer of the complainant for the last ten years purchasing goods from time to time.
3. That since there has been business relationship between the complainant and the accused and also that the complainant could repose faith in the accused, he used to accept the cheques issued by the accused against the purchased by the accused.
4. That during the recent past, there have been various transactions between the complainant and the accused as detailed below:
5. That the complainant submits and says that the above mentioned cheques were issued by the accused at the time of delivery of goods and materials supplied to him by the complainant, with an implied promise on the part of the accused that on the presentment of these cheques, they will be honoured.
6. That, however, all these cheques, have been dishonoured by the bankers of the complainant, and the same have been returned to the complainant with endorsement "Insufficiency of Funds in the Account of the Drawer".
7. That the complainant says that had the complainant known that the cheques issued by the accused would be dishonoured, the complainant would never have delivered the materials and goods to the accused.
8. That the complainant does hereby reiterate that the cheques which were issued by the accused in discharge of his liability have been dishonoured for the reason of insufficiency of funds in his account.
9. That the complainant is also surprised that since the date of dishonour of cheques, he has been making serious and sincere efforts to contact the accused personally, but unfortunately the accused has been at large and not being available, and his whereabouts are also not known to the complainant.
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This document is a formal criminal complaint template used in India for cases involving dishonored checks and cheating. It allows a complainant to initiate legal action under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code when a payment check is returned for insufficient funds.
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About this template
What is this template?
This is a formal court filing used to initiate criminal proceedings in India for a 'cheque bounce' case. It specifically combines a charge under the Negotiable Instruments Act with a cheating charge under the Indian Penal Code. It is not a civil recovery suit, although it includes a prayer for the principal amount plus 18% interest.
When should you use it?
Use this filing after a cheque has been dishonoured for 'insufficiency of funds' and the statutory notice period for payment has expired without resolution. If you only seek financial recovery without criminal charges, a civil Summary Suit under Order XXXVII of the CPC is the alternative.
Who it's for
- a business owner in India whose customer issued cheques that were returned for insufficiency of funds
- a creditor seeking to initiate criminal proceedings in Pune or similar Indian jurisdictions for cheque bounce
- a legal practitioner drafting a formal complaint to the Judicial Magistrate First Class for recovery of Rs. 80,000
How long it runs and how it's signed
Law it's drafted under
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